Principals of high schools in Ho Chi Minh City must make a report on house and land declaration completed before June 30, 2022 and send it to the Planning and Finance Department?

May I ask if I heard about the case where the school principal sold the school's land, so do the principals have to report the handling of real estate and the use of public property? Who is the person who rearranges the handling of housing and land as public property in Ho Chi Minh City? Thank you!

Principals of high schools must make a housing declaration report completed before June 30, 2022 and send it to the Department of Planning and Finance?

According to Official Letter 1960/SGDĐT-KHTC dated June 13, 2022 stipulating:

- To ensure the effective management and use of housing and land, in accordance with the intended use, in accordance with the land use planning, and to rearrange and handle housing and land in accordance with regulations; The Department of Education and Training recommends the following units:

- Make a report on declaration of houses and land according to the form attached to this Official Letter.

- Provide relevant legal documents (copies) including: Drawing of current location, Decision on land allocation, Land lease contract, Decision on establishment of State ownership, Decision on management of the company. State, Decision approving investment projects, Decision approving finalization of works, Minutes of acceptance, Certificate of land use rights... (List of legal documents is available).

- Send a written report with relevant legal documents to the Planning and Finance Department before June 30, 2020, and send the Report file to the email address: ntngoc.sgddt@tphcm. gov.vn with the file name structure “TenDon Vi_BaocaoNhaDat_ND67”.

Who is the subject of real estate rearrangement?

According to Article 2 of Decree 167/2017/ND-CP and Clause 2, Article 1 of Decree 67/2021/ND-CP, the subjects of real estate rearrangement include:

- Agencies, organizations and units include: State agencies, people's armed forces units, public non-business units, Communist Party of Vietnam agencies, socio-political organizations; socio-political-professional organizations, social organizations, socio-professional organizations and other organizations established in accordance with the law on associations;

- Enterprises include:

Class I enterprises are state economic groups, state corporations, independent companies run by ministries, ministerial-level agencies, government-attached agencies, the National Assembly's Office, the State President's Office, and the State Audit. State Audit, Supreme People's Court, Supreme People's Procuracy, Bank for Social Policies, Hanoi National University, Vietnam National University Ho Chi Minh City, Provincial People's Committee, socio-political organizations, socio-political-professional organizations hold 100% of charter capital; joint-stock companies, limited liability companies with 2 or more members, owned by ministries, ministerial-level agencies, government-attached agencies, Bank for Social Policies, Hanoi National University, Vietnam National University, etc. Ho Chi Minh City, Provincial People's Committee, socio-political organizations, socio-political-professional organizations with contributed capital accounting for more than 50% of charter capital;

+ Class II enterprise is an enterprise with contributed capital of a class I enterprise specified in Item b1 of this point where: the percentage of state capital in the class I enterprise multiplied by (x) the percentage of contributed capital of the granting enterprise. I into a class II enterprise accounting for more than 50% of the charter capital;

+ Class III enterprise is an enterprise with capital contributed by a class II enterprise specified in Item b2 of this point where: the percentage of state capital in the class I enterprise multiplied by (x) the percentage of contributed capital of the granting enterprise. I into a class II enterprise multiplied by (x) the percentage of capital contributed by a class II enterprise to a class III enterprise accounting for more than 50% of the charter capital;

- Enterprises not specified at Point b of this Clause, the management and use of houses and land shall comply with the provisions of the law on land, the law on enterprises and other relevant laws.

- Other organizations and individuals involved in the rearrangement and handling of public property

Principals of high schools in Ho Chi Minh City must make a report on house and land declaration completed before June 30, 2022 and send it to the Planning and Finance Department?

Principals of high schools in Ho Chi Minh City must make a report on house and land declaration completed before June 30, 2022 and send it to the Planning and Finance Department?

Principles of real estate rearrangement and handling?

According to Article 3 of Decree 167/2017/ND-CP supplemented by Clause 3, Article 1 of Decree 67/2021/ND-CP stipulating the principle of rearranging and handling housing and land as public property as follows:

- The rearrangement and handling of public property ensures efficient and economical use; standards and norms promulgated by competent agencies and persons; for proper use purposes assigned by the State, construction investment, procurement, and lease; consistent with the land use planning, construction planning approved by competent authorities.

- The rearrangement and handling of public property shall comply with the provisions of the Law on Management and Use of Public Property and relevant laws.

- For public property which is being handled by a competent authority or is in the period of capital contribution, joint venture or association in accordance with the provisions of law with organizations and individuals in the form of legal entity establishment. new, the rearrangement and handling of public property shall be carried out after a competent authority or person decides on the handling of disputes or the termination of capital contribution, joint venture or association.

- The rearrangement and handling of houses and land managed and used by agencies, organizations, units and enterprises shall be carried out after having a master plan. In case it is necessary to rearrange and handle before the master plan is available, the agency or person competent to approve the plan as prescribed in Article 6 of this Decree shall consider and decide.

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